KRS 224.50-856: Disposal of waste tires -- Exceptions -- Use of tire-derived fuel --

Accumulation of waste tires -- Transportation.

(1) No person shall engage in disposal of waste tires in Kentucky except by

transfer to a permitted solid waste disposal facility and except as follows:

(a) 1. If transferred to a contained landfill, the waste tires shall be

processed to prevent the entrapment of air or water;

2. If transferred to a residual landfill, the waste tires shall be rendered

suitable for disposal in a landfill and the landfill shall accept only

waste tires for disposal; or

3. If transferred to an incinerator or to any facility for use as a fuel, the

incinerator or other facility shall be permitted in accordance with

KRS 224.20-110 and 224.40-310 to allow the burning of waste tires

and shall have received a local determination related to the waste

tires in accordance with KRS 224.40-315(1); and

(b) Facilities proposing to use tire-derived fuel, as that term is defined in KRS

224.1-010(53), as a fuel or for other energy recovery, shall not be

required to receive a local determination related to the tire-derived fuel

use under KRS 224.40-315(1). The Division of Air Quality shall provide for

public notice and an opportunity for comment on any application seeking

approval for use of tire-derived fuel.

(2) No person shall accumulate more than twenty-five (25) waste tires in Kentucky

at a time for processing, by baling, chopping, recycling, shredding, or other

means of changing their shape, size, or chemical content without meeting the

requirements of the waste tire program. For processing which had been

approved by the cabinet before July 15, 1998, the person who had received the

approval shall register within forty-five (45) days of July 15, 1998.

(3) No person shall transport more than fifty (50) waste tires in Kentucky at a time,

either in one (1) vehicle or more than one (1) vehicle managed by or operated

under contract with that person, without meeting the requirements of the waste

tire program, unless transported in accordance with subsection (5) of this

section.

(4) No person shall accumulate more than one hundred (100) waste tires in

Kentucky at a time without meeting the requirements of the waste tire program,

unless exempted by KRS 224.50-854 or accumulated in accordance with

subsection (5) or (6) of this section. For accumulations of more than one

hundred (100) tires not accumulated in accordance with subsection (5) or (6) of

this section and existing on July 15, 1998, the person who has accumulated

the tires shall register within forty-five (45) days of July 15, 1998.

(5) A person making retail sales of new motor vehicle tires in Kentucky may

accumulate up to one thousand (1,000) waste tires at the place where retail

sales are made without registering as an accumulator as required by KRS

224.50-858, if the waste tires are stored in accordance with the requirements of

KRS 224.50-860(3), (5), (6), (7), and (8), and stored on-site in a building, in an

adjacent covered area, or closed container where public access is prohibited

after business hours. The retailer may transport the waste tires it accumulates

at the place where retail sales are made without registering as a transporter as

required by KRS 224.50-858 if the waste tires will remain in the retailer's

possession until they reach their destination.

(6) An automotive recycling dealer in Kentucky who is licensed by the

Transportation Cabinet pursuant to KRS 190.010 to 190.080 may accumulate

up to one thousand (1,000) waste tires at the place where automotive recycling

is done without registering as an accumulator as required by KRS 224.50-858

if the waste tires are stored in accordance with KRS 224.50-860(2) to (11) and

stored on-site in a building, in an adjacent covered area, or closed container

where public access is prohibited after business hours.